Legislation offered by Capito, Cassidy, Ernst aims to fight on-campus discrimination

With antisemitism rising on campuses following last fall’s terrorist attack on Israel, U.S. Sens. Shelley Moore Capito (R-WV), Joni Ernst (R-IA), and Bill Cassidy (R-LA) have proposed legislation that would establish requirements for investigations of certain discrimination complaints made by students attending America’s colleges and universities.

Sen. Cassidy on July 24 sponsored the Restoring Civility on Campus Act, S. 4760, alongside four original cosponsors, including Sens. Capito and Ernst, to require universities and the U.S. Department of Education to immediately address civil rights complaints if a student experiences violence or harassment on campus because of their heritage.

“The threats and violence against Jewish students demand action. No student should be afraid to walk around campus because of who they are,” Sen. Cassidy said. “Universities and the Department of Education have failed to meet their legal obligation to protect Jewish students from harm. This bill forces accountability and ensures discrimination is never ignored.”

If enacted, S. 4760 would require the Education Department’s Office for Civil Rights (OCR) to initiate an immediate investigation of civil rights complaints involving alleged discrimination on the basis of shared ancestry or ethnic characteristics on or after Oct. 7, 2023, when Hamas attacked Israel.

Additionally, S. 4760 would increase transparency for students who report antisemitism by requiring OCR to update the student complainant on the status of their OCR case at least every 30 days and disclose the result of institutional disciplinary proceedings to the student who reported a civil rights violation, according to a bill summary provided by the senators.

The measure also would ensure accurate reporting of hate-motivated crimes and strengthen OCR’s enforcement authorities.

“Every student should be able to live on campus safely and free from intimidation, harassment, or violence,” Sen. Capito said. “Unfortunately, we have seen the Department of Education fail to ensure that students, particularly Jewish students, are kept safe by the institutions they have entrusted with their education.

“The Restoring Civility on Campus Act forces the Department of Education and university administrators to take a more active role in ensuring every student is protected on campus,” she added.

The bill also aims to improve accountability over university and agency officials by requiring Education Department staff to either work in-person or be on-site at a college campus to process the expedited evaluation of OCR complaints, and requiring the president or chancellor of the institution to meet with OCR investigators regarding a Title VI complaint, the summary says.  

The Education Department also would be required to issue a public report on OCR cases involving alleged discrimination on the basis of shared ancestry or ethnic characteristics for university officials 30 days following the opening of the case, and the report also must be updated every 30 days for the following two years.

“Jewish students should not be forced to risk their safety in pursuit of an education,” said Sen. Ernst. “The Restoring Civility on Campus Act will force the Department of Education to stop sitting on its hands and comply with the law to protect students from the hate and violence that have exploded across the country.”